2020: A Challenging Year for Keeping Up With Changes to Probate and Guardianship Rules and Statutes

Probate and guardianship laws in Florida had a lot of changes in 2020, which affected how attorneys handle these cases. These changes came from new laws and updates to existing rules. It’s important for attorneys to pay close attention to these changes to make sure they follow the right procedures when filing documents with the court. In Florida, the rules for probate and guardianship cases changed in 2020. Some changes include a longer time to file a motion for rehearing and new rules for serving court papers. These changes affect how legal proceedings are conducted in these types of cases. The law F.S. §731.301 was changed to say that if you’re involved in a probate or guardianship case, you’ll get formal notice about it, but that notice doesn’t mean the court has power over you personally. Rule 5.200 was also updated to make sure people who want to be in charge of someone’s estate have the right qualifications. And if you’re involved in a probate case, you’ll get a notice that tells you about important deadlines. Also, if there’s a dispute over someone’s will, the burden of proving that the will is valid is on the person who might have influenced the person who wrote the will. The form that the person in charge of the estate has to fill out was also changed to make sure they understand the rules and will let everyone know if they’re not allowed to be in charge anymore. The rules for handling a deceased person’s property without a will have been updated. If the person only left behind personal property that is not worth a lot of money, and they have been deceased for over a year with no pending legal proceedings, their property can be distributed without the need for a formal legal process. The new rules also outline the procedures and paperwork needed for this process. The rules for handling legal matters related to guardianship and personal representatives have been updated. These rules include requirements for filing claims electronically, and disclosures for attorneys or their relatives who are nominated to be personal representatives. There are also new standard forms for guardianship proceedings and rules to prevent conflicts of interest and improper financial transactions by guardians. Guardianship should be a last resort for minors and adults who can’t take care of themselves. When someone asks the court to become a guardian, they have to explain why other options, like trust agreements or power of attorney, won’t work. The court has forms to help with this. These rules are meant to make sure that guardianship is only used when it’s really necessary. New rules have been approved for appointing a guardian and managing a person’s assets. There are also new forms for reporting on the guardianship and for the guardian to inventory the person’s assets. The rules have been updated to make sure that the guardian is not taking advantage of the person they are caring for, and to consider alternative options to guardianship. These changes apply to both adults and minors who have guardians. In Florida, the law was changed to make sure guardians need court approval before making certain decisions for incapacitated people, like signing a “do not resuscitate” order or doing any business that could be a conflict of interest. The rules for appointing a guardian advocate for people with developmental disabilities were also updated to require more information about other legal documents before appointing a guardian advocate. There are also new forms and procedures for getting an injunction to protect vulnerable adults from exploitation. The Florida Probate Rules Committee has been very busy in 2019 and 2020, making changes to the rules that govern probate and guardianship cases in Florida. These changes are important for lawyers who work in these areas, and there will likely be more changes in 2021. Lawyers need to stay informed about these changes and pay attention to any new rules that are proposed. Serving on the committee is a great way for lawyers to stay up to date and make sure the laws benefit the people of Florida. A lawyer named Jeffrey S. Goethe has a lot of experience in wills, trusts, and estates law in Florida. He has been involved in making changes to the rules for probate in the state. He works at a law firm in Bradenton. This information was shared by the Real Property, Probate and Trust Law Section of The Florida Bar.

Source: https://www.floridabar.org/the-florida-bar-journal/2020-a-challenging-year-for-keeping-up-with-changes-to-probate-and-guardianship-rules-and-statutes/